Singapore legislation

Section 108

of Bankruptcy Act

Section 108

Receiving orders in small cases

(1)

If on examination of a judgment debtor in the High Court or in a District Court it appears to the Court —

(a)

that the debtor is a wage-earner;

(b)

that he is indebted to more than one creditor;

(c)

that none of his debts or other liabilities was contracted in any trade or business in the management of which the debtor took part ; and

(d)

that his liabilities exceed the probable amount of his income during the ensuing 6 months,the Court shall, unless cause to the contrary be shown, instead of making any order for the payment of the judgment debt or for the committal of the debtor, make a receiving order against the debtor under this section.

(2)

A receiving order under this section shall have the same effect as a receiving order under section 8 and the debtor shall be deemed to have committed an act of bankruptcy on the date of the order.

(3)

No appeal shall lie from a receiving order under this section but the debtor may at any time within one month of the date of the receiving order apply to the court to rescind the receiving order and where such application is granted the court may, if necessary, embody in the order for rescission a declaration that the debtor be not deemed to have committed an act of bankruptcy by reason of the receiving order.

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